84R2768 JSC-D
By: Dutton H.B. No. 414
A BILL TO BE ENTITLED
AN ACT
relating to the penalties for possession of one ounce or less of
marihuana or a synthetic cannabinoid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.1161, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) An offense under this section is:
(1) a Class C misdemeanor if the amount of controlled
substance possessed is, by aggregate weight, including adulterants
or dilutants, one ounce or less, except as provided by Subsection
(c);
(2) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, two ounces or less but more than one
ounce;
(3) [(2)] a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
(4) [(3)] a state jail felony if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, five pounds or less but more than four
ounces;
(5) [(4)] a felony of the third degree if the amount of
the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, 50 pounds or less but more than
5 pounds;
(6) [(5)] a felony of the second degree if the amount
of the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, 2,000 pounds or less but more
than 50 pounds; and
(7) [(6)] punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, more than
2,000 pounds.
(c) An offense under Subsection (b)(1) is a Class B
misdemeanor if it is shown on the trial of the offense that the
defendant has been previously convicted three or more times of an
offense involving the possession of marihuana or a synthetic
cannabinoid and each prior offense was committed within the
24-month period preceding the date of the commission of the instant
offense. For purposes of this subsection, "offense involving the
possession of marihuana or a synthetic cannabinoid" means an
offense under this section or Section 481.121 or an offense under
the laws of another state that contains elements substantially
similar to the elements of an offense under either of those
sections.
(d) A defendant convicted of an offense punishable under
Subsection (c) is not eligible for community supervision under
Article 42.12, Code of Criminal Procedure.
SECTION 2. Section 481.121, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class C misdemeanor if the amount of marihuana
possessed is one ounce or less, except as provided by Subsection
(c);
(2) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less but more than one ounce;
(3) [(2)] a Class A misdemeanor if the amount of
marihuana possessed is four ounces or less but more than two ounces;
(4) [(3)] a state jail felony if the amount of
marihuana possessed is five pounds or less but more than four
ounces;
(5) [(4)] a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(6) [(5)] a felony of the second degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(7) [(6)] punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds.
(c) An offense under Subsection (b)(1) is a Class B
misdemeanor if it is shown on the trial of the offense that the
defendant has been previously convicted three or more times of an
offense involving the possession of marihuana or a synthetic
cannabinoid and each prior offense was committed within the
24-month period preceding the date of the commission of the instant
offense. For purposes of this subsection, "offense involving the
possession of marihuana or a synthetic cannabinoid" means an
offense under this section or Section 481.1161 or an offense under
the laws of another state that contains elements substantially
similar to the elements of an offense under either of those
sections.
(d) A defendant convicted of an offense punishable under
Subsection (c) is not eligible for community supervision under
Article 42.12, Code of Criminal Procedure.
SECTION 3. Section 481.126(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(6)
[481.121(b)(5)];
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(6) [481.121(b)(5)].
SECTION 4. Sections 481.134(c), (d), (e), and (f), Health
and Safety Code, are amended to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.113(c), (d), or (e), 481.114(c), (d), or (e),
481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(5), (6), or
(7) [481.1161(b)(4), (5), or (6)], 481.117(c), (d), or (e),
481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or
481.121(b)(5), (6), or (7) [481.121(b)(4), (5), or (6)] is
increased by five years and the maximum fine for the offense is
doubled if it is shown on the trial of the offense that the offense
was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground; or
(2) on a school bus.
(d) An offense otherwise punishable under Section
481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b),
481.1161(b)(4) [481.1161(b)(3)], 481.120(b)(3), or 481.121(b)(4)
[481.121(b)(3)] is a felony of the third degree if it is shown on
the trial of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(e) An offense otherwise punishable under Section
481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(3)
[481.121(b)(2)] is a state jail felony if it is shown on the trial
of the offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
(f) An offense otherwise punishable under Section
481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1), (b)(2),
or (c) is a Class A misdemeanor if it is shown on the trial of the
offense that the offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground; or
(2) on a school bus.
SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(2), (b)(3), or (c)
[(b)(1) or (2)] of that section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(2), (b)(3), or (c)
[(b)(1) or (2)] of that section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(1) of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 6. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(4)
[481.1161(b)(3)], 481.121(b)(4) [481.121(b)(3)], or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, other than a felony punished under Section 12.44(a),
Penal Code, or unless the conviction resulted from an adjudication
of the guilt of a defendant previously placed on deferred
adjudication community supervision for the offense, in which event
the judge may suspend the imposition of the sentence and place the
defendant on community supervision or may order the sentence to be
executed. The provisions of this subdivision requiring the judge
to suspend the imposition of the sentence and place the defendant on
community supervision do not apply to a defendant who:
(A) under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance;
(B) under Section 481.1161(b)(4)
[481.1161(b)(3)], Health and Safety Code, possessed more than one
pound, by aggregate weight, including adulterants or dilutants, of
the controlled substance; or
(C) under Section 481.121(b)(4) [481.121(b)(3)],
Health and Safety Code, possessed more than one pound of marihuana.
SECTION 7. Article 45.051, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) This subsection applies only to a defendant charged with
an offense under Section 481.1161 or 481.121, Health and Safety
Code, who is granted a deferral under Subsection (a). In addition
to any other requirement, the judge shall, during the deferral
period, require that the defendant successfully complete a drug
abuse awareness and education program approved by the Department of
State Health Services.
SECTION 8. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 9. This Act takes effect September 1, 2015.